§ 3.7 p.m.
§ Lord Goodhart asked Her Majesty's Government:
§ What view they take of the recommendations in the Special Report on Mental Health Review Tribunals published by the Council on Tribunals on 28th June.
§ The Parliamentary Under-Secretary of State, Department of Health (Lord Hunt of Kings Heath)My Lords, the special report from the Council on Tribunals has been of particular value in helping the tribunal to improve its performance and informing the development of any new tribunal emerging from the reform of the Mental Health Act.
§ Lord GoodhartMy Lords, the press release issued by the Council on Tribunals, together with the report, referred to a number of issues of concern that arise over and over again. Will the Government ensure that those matters of concern are properly dealt with at long last? Further, will the Government pay particular attention to Recommendation 5 in the report about legal aid at mental health review tribunals? Do the Government regard it as acceptable that there are only 43 legal practices in the whole of England and Wales that currently hold franchises to represent patients before these mental health review tribunals?
§ Lord Hunt of Kings HeathMy Lords, as I believe my first Answer implied, we have taken the recommendations of the council most seriously. More resources have been put into servicing the mental health review tribunals and more members have been appointed. We are also recruiting more clerks in order to ensure smoother administration. As regards legal aid representation, my understanding is that that non-means tested legal aid is freely available to all patients. Less than 1 per cent of patients applying for review do so without the services of a lawyer.
As regards the question of franchises, I believe that that is a matter for my noble and learned friend the Lord Chancellor rather than myself. However, I shall be very happy to report the noble Lord's comments to my noble and learned friend. As I understand it, there are currently 348 providers in England and Wales who are contracted under the commission dealing with mental health.
§ Lord Archer of SandwellMy Lords, while I appreciate that the Government require some time to consider their response to the report, does my noble friend recognise that there is some urgency about this matter? Does he agree that what is needed is a single national service, with one judicial head, to co-ordinate matters such as training and to encourage consistency in practice? Does he appreciate that both members and administrators, who have been trying very hard for years to keep this show on the road, need some reassurance that someone cares?
§ Lord Hunt of Kings HeathYes, my Lords. My noble friend is absolutely right to point out the enormous public service undertaken by the nearly 600 members of the review tribunals. I also accept my noble friend's point in regard to the desirability of appointing a president to provide the right kind of leadership identified by the report. That would require primary legislation. We shall of course consider this matter as we come to a view on possible new mental health legislation. In the meantime we are encouraging the four regional chairs to work together in order to give as much collective leadership as possible in the current circumstances.